han (ceo) 19 October 2010

legal right

hi my aunt left me her house through a will now my aunt's relative's are tellin me to vacate the house as it not mine ive the will which is to be probated! ive stayed with my aunt for 25 years in this house! now they say i have to vacate this house! wot legal right's i have in this matter???im in possesion of the house and i have the will which im gettin probated soon. can i book a police case that my aunt relatives are harresin me!? or get a retrainin order for her relative's to stay away from me and the house???pls help.

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5 Replies

amarendra (farmer) 19 October 2010

sir my father have drud addiction and he sel our land we are two brother please tell me can i have any legal law for stop land elling of father

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 19 October 2010

Dear Querist,

Attn: Mr. Han, CEO

In response to brief facts in the query, I am of the view that you may institute suit for permanent & mandatory injunction PLUS damages alongside Probate Petition and filing of necessary private complaint in a police station/thana ..... against your aunt's relative. And ... all immediately to avoid further harassment and forcible dispossession.

Trust this would suffice.

Rabin Majumder
Advocate & Attorney
NuDelhiLawFora
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

Kamran Khan Asif (Advocate) 20 October 2010

First of all you have not mentioned if the will in question in registered document or a simple home prepared will?

Secondly you will have to file a legal suit against your relatves for permanent injunction and probation of the will only then you will have peace of mind.

P.K.Haridasan (Advocate) 20 October 2010

Approach a good lawyer .Take firm action in time. Remedies are depending on the case structure. All facts and documents are to be furnished to him. From the forum you may get good help and suggestions. It will help you to solve. But the action is important.

Kamran Khan Asif (Advocate) 22 October 2010

If the father has self acquired property he can't be stopped from selling it. However, if the property is an inherritted one then you can file a civil suit and procure stay against sale of your part of the property.